Meepatme Diary - Start of the long path

[Meepatme]

ooo maybe some hope left yet then. Thanks Di email just sent

[Joanna Connolly Solicitors]

Claimant Host Finance UK Holdings 1 Limited
Address for sending document
Howard Cohen and CO

Good, because Hoist Finance UK Holdings 1 Ltd do not have FCA authorisation to issue claims.

Jo explains it here >

Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

The Hoist companies also have issues with their assignment process and documentation.

If you are currently defending a claim with either of the Hoist companies, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries on this thread..

If you'd like me to look at the situation you can email the first page of the Claim Form (don't blank anything out) using di@joannaconnollysolicitors.co.uk

I wouldn't be too hasty to go bankrupt until you establish your legal position first.

Di


Link to Hoist thread > https://all-about-debt.co.uk/forum/d...ings-2-limited

[Meepatme]

the usal letters come from Robinson Way

[Meepatme]

Claimant Host Finance UK Holdings 1 Limited
Address for sending document
Howard Cohen and CO

[The Tech Clerk]

before you do speak to Diana Mayhew there is more to this situation ??

[Joanna Connolly Solicitors]

Is this your Barclaycard?

Who is named as the Claimant (i.e. current debt owner) on the claim form if it has been assigned/sold?

Di

[Meepatme]

• Type of account (credit card/loan): Credit Card
• Date commenced (ideally before Apr 2007) 21/04/2011
• Approx balance:£3500
• Date last paid (approximate date you last made a FULL payment) July 2017
• Are you on arrangement or not paying Not Paying
• Status (default/in arrears/up-to-date) Up-to-Date
• Account owner (who is writing to you, a DCA or the lender)Lender
• 11/08/2017 DD cancelled, letter sent:My circumstances have changed considerably, resulting in I cannot now afford the agreed monthly payments due to debts spiralling out of control my outgoing are now far higher than my income.I have been speaking to Step Change at length regarding my situation reference number xxxx and I intend to enter into a DMP in December 2017. If interest or other charges are being added to the account, I'd be grateful if you would freeze these so that the debt does not increase. If the interest can freeze it would certainly help these very stressful times.Should my circumstances improve, I will contact you immediately. Expect to hear from Step Change in November regarding the December DMP. If you could please address any communications going forward in letter format ONLY. As this is affecting me emotionally with the stress of debt and challenging times ahead.Thank you for your assistance, I look forward to hearing from you as soon as possible.
  17/08/2017 CCA sent recorded delivery(forum copy)
  18/08/2017 Letter received dated 14 Aug 17. Interest frozen for 30 days. Required not to contact you for 30 days. Contact us within 30 days to review case.
  01/09/2017 CCA received emailed niddy see how we stand
  11/09/2017 niddy responded cca enforceable debt too new
  
  SUMMARY CCA received passed to niddy to see. Niddy advised debt to new so enforceable
  Last edited by Meepatme; 18th September 2017, 13:51.
  
  ################################################## ##############################
  
  Well since my last post its just been letters mostly. I took my voicemail off my phone and would block any said numbers. This stopped any automated messages.
  
  But yesterday a county court notice was received. As the debt is enforceable threes does not seem any point fighting. Will write up the bankruptcy form for the end of this month after I get paid and clear some of it out ready for the expected.
  
  R

[Meepatme]

Thanks will do

[Still Waving]

I wouldn't rush to send CCA letters to DCA's - particularly Westcot, who are pretty useless - I would spin the time out by ignoring and simply filing their letters for the time being.

EDIT: I now see that you have already sent CCA requests within the last several months, and received documentation. That being the case it would be best to put off sending further requests for as long as possible, as at this time they will likely be able to obtain the documents again.

[Meepatme]

Its been a fairly quiet really. about 4 lenders big amount on one. Letters calls block bin. File CCA to any new debt collectors and hold my stance. Assumption being there tire and pass the book. Same process again. If one CCJ go bankrupt. So riding the wave.

[Meepatme]

Hi Di,

Sorry I did not see the notification you replied to me. No I was fairly savvy before things got too much so no PPI unfortunately. Oh and dont worry my hearts fairly strong . Am about a few months to get to year one since I made my last payment. Most have defaulted now. Had the first one move to a debt firm. Wescot normal drill block number and will look to send them the cca very soon. I keep at it unless any send me a CCJ form that about my thresh-hold.

[Joanna Connolly Solicitors]

Thanks for the feedback Di. Unfortunately all were enforceable so I opted to keep silent waiting for the debts to be moved to 3rd parties to then CCA.

You may have some credit agreements that appear enforceable but there are many other reasons why a debt may be unenforceable especially when they are sold (potential assignment issues) or assigned to a debt purchaser which is unlicensed by the FCA.

Don't lose heart

Did any of them have PPI (I haven't read back through your whole thread yet)?

Di

[Meepatme]

Thanks for the feedback Di. Unfortunately all were enforceable so I opted to keep silent waiting for the debts to be moved to 3rd parties to then CCA. This approve was also to get the defaults on file incaseI was ever to go down the DWP route. I know some refuse or make it hard to get Defaults on file to clear up records. Well as of this month all of my creditors have Now just defaulted. Except the HSBC overdraft, I dont think they can being an overdraft?

So small victory key lenders placing defaults odd kind of yay . Not paying lenders now since Aug 17.

Thanks for the support

[Joanna Connolly Solicitors]

You only need to send one CCA. If they fail to supply one, keep quiet. If it’s UE you can send a template letter explaining why.

Although it may be best not to tell them what's wrong with the credit agreement because that may encourage them to remedy the flaw.

I'm in favour of keeping quiet

If they plan to issue a claim then you should get 30 days' notice under the new Pre Action Protocol introduced on 1st October 2017. You can decide then how/whether to respond to the Letter Before Claim.

Di

[Meepatme]

SAINSBURYS BANK LOANS

• Type of account (credit card/loan): Loan
• Date commenced (ideally before Apr 2007) 06/09/2015
• Approx balance:£21700
• Date last paid (approximate date you last made a FULL payment) July 2017
• Are you on arrangement or not paying Not Paying
• Status (default/in arrears/up-to-date) Up-to-Date
• Account owner (who is writing to you, a DCA or the lender)Lender

11/08/2017 DD cancelled, letter sent:My circumstances have changed considerably, resulting in I cannot now afford the agreed monthly payments due to debts spiralling out of control my outgoing are now far higher than my income.I have been speaking to Step Change at length regarding my situation reference number xxxx and I intend to enter into a DMP in December 2017. If interest or other charges are being added to the account, I'd be grateful if you would freeze these so that the debt does not increase. If the interest can freeze it would certainly help these very stressful times.Should my circumstances improve, I will contact you immediately. Expect to hear from Step Change in November regarding the December DMP. If you could please address any communications going forward in letter format ONLY. As this is affecting me emotionally with the stress of debt and challenging times ahead.Thank you for your assistance, I look forward to hearing from you as soon as possible.
17/08/2017 CCA sent recorded delivery (forum copy)
22/08/2017 letter received acknowledging CCA copy enclosed in thread.
25/08/2017 Appears to be just statement. Enclosed copy on thread. No agreement assume sending separate.
30/08/2017 Letter received with agreement on copy. Appears to be valid copy will send here for to see whats what
30/08/2017 Niddy confirms enforceable too new
06/09/2017 Annual Loan Statement received today assume part of the cca request. Will file and wait

SUMMARY CCA received niddy confirmed enforceable due to being 2015. File paper work and wait

The first loan to show up on my file as DEFAULT. Yay first short term goal achieved.